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7.2 SR 11-15-2021it ci Elk* River Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings November 15, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Twin Town LLC/Nicholas Holm, 13385 207th Zack Carlton, Planning Manager Avenue, Conditional Use Permit: Operate Reviewed by Home Occupation Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The property owner must work with the building official to demonstrate compliance with all applicable commercial building codes for the use classification within the detached • accessory structure. 2. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated November 15, 2021. 3. Hours of operation shall be limited to 7:00 a.m. — 4:00 p.m. RR Monday through Friday. 4. There shall be no repair or maintenance of company ti Hwy io`,.. vehicles/equipment on site. 5. No more than two employees, other than owner, can be on site at one time. 6. The designated fenced outdoor storage area shall be no larger than 20' x 100' in size. It shall be located south of the existing detached accessory building, no closer than 10 feet to any property line. 7. All outdoor storage of company vehicles/equipment must be stored within the designated outdoor storage area screened from view from the public right-of-way by a six (6) foot high Figure i 100% opaque fence. 8. No company vehicles/equipment may idle on site for more than 15 minutes. 9. No more the six (6) square feet of signage shall be allowed. Background/Discussion (CU 21-15) The property is 2.5 acres and zoned R1a single family residential where home occupations occurring in accessory structures require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a small interior The Elk River Vision P I I E I E o I Y A n elcoming community with revolutionary and spirited resourcefulness, exceptional INATUREI service, and community engagement that encourages and inspires prosperity. Updated. August 2020 demolition contracting business, preforming interior demolition for renovations, out of their detached accessory structure and home. Planning Commission The applicant introduced himself and explained how he wants to ensure there are no impacts to the area. While there will be employees at the property at certain times, he has purchased cube trucks for them so they can have equipment and supplies with them most of the time and they will drive these trucks to their own homes. His hope is this will limit activities on site. During the public hearing, no one spoke, other than the applicant, for or against the request. The Planning Commission had no questions or concerns about the request. The commission felt the recommended conditions should mitigate any negative impacts to the surrounding area and unanimously recommended approval. Since the meeting, staff was notified that the applicant had begun storing vehicles and equipment on the property. Staff spoke with the applicant regarding the activity, and he indicated he just had received the cube trucks purchased from Florida. He did not yet have the proper paperwork to have them leave his property. He hoped to have them off site in a few days. Once properly licensed, the trucks will be kept off -site at an employee's home. However, some vehicles may be stored on site from time to time as workflow dictates. Financial Impact None Mission/Policy/Goal ■ Responsibly grow ■ Work with citizens to achieve goals ■ Help, not hinder citizen quality of life Attachments ■ Planning Commission Memo dated October 26, 2021 ■ Resident Letters Request for Action Ciry nf Elk River To Item Number Planning Commission 4.1 Agenda Section Meeting Date Prepared by Public Hearings October 26, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Twin Town Demolition LLC/Nicholas Holm, Zack Carlton, Planning Manager 13385 207th Ave. NW Reviewed by Conditional Use Permit for a Home Occupation to operate a commercial business, Case No. CU 21-15 Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The property owner must work with the Building Official to demonstrate compliance with all applicable commercial building codes for the use classification within the detached accessory structure. 2. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated November 15, 2021. 3. Hours of operation shall be limited to 7:00 a.m. — 4:00 p.m. Monday through Friday. 4. There shall be no repair or maintenance of company vehicles/equipment on site. 5. No more than two employees, other than owner, can be on site RR ,,_Hwy 10�.; `p at one time. 6. The designated outdoor storage area shall be no larger than 20' x 100' in size. It shall be located south of the existing detached accessory building, no closer than 10-feet to any property line. 7. All outdoor storage of company vehicles/equipment must be stored within the designated outdoor storage area screened from view from the public right-of-way by a 6 (six) foot high Figure i 100% opaque fence. 8. No company vehicles/equipment may idle on site for more than 15 minutes. 9. No more the six (6) square feet of signage shall be allowed. CR 12 Background/Discussion The property is 2.5 acres and zoned R1a single family residential where home occupations occurring in accessory structures require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a small interior The Elk River Vision P O N E R E u [NTRjAwelco ming community avith revolutionary and spirited resourcefulness, exceptional AU service, and community engagement that encourages and inspires prosperity. Updated. August 2020 demolition contracting business, preforming interior demolition for renovations, out of their detached accessory structure and home. They have approximately 12 employees (but this fluctuates in their industry) with most of the employees in the field. They will have two employees report to the subject property, one project coordinator and one field coordinator. Their typical hours of operation are 7:00 a.m. — 4:00 p.m. Monday through Friday Their desire is to maintain some outdoor storage of two enclosed trailers, one flatbed trailer, and one trailer mounted generator. Their narrative indicates storage of the trailers would primarily be in the driveway in front of the pole building. Staff recommends all outdoor storage of company vehicles/equipment must be stored within the designated outdoor storage area screened from view within the public right-of-way by a 6 (six) foot high 100% opaque fence. Applicable Regulations In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. mill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. The use will primarily consist of outdoor storage of vehicles/equipment. With the recent approval of the 14-lot plat to the east of the subject parcel, there will be an increase of residential traffic passing by the proposed business. Because of this, and other nearby neighbors, staff recommends outdoor storage of company vehicles/equipment must be stored within the designated outdoor storage area screened from view from the public right-of-way by a 6 (six) foot high 100% opaque fence. With the proposed conditions, the use should not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience, or general welfare of the neighborhood or the city. 2. mill be consistent nvith the Comprehensive Plan. The property is guided Rural Residential, to be developed as residential use in areas outside of the Urban Service Area that are not currently served by municipal sewer and water. Residential uses allow for Home Occupations, with some uses requiring a CUP, providing due process for the neighbors. The request is consistent with the Comprehensive Plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. mill not impede the normal and orderly development and improvement of surrounding vacant property. There is no vacant property in the vicinity and the 50+ acre parcel to the east was recently platted with 14 lots. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. 4. mill be served adequately by and mill not adversely affect essential public facilities and services including streets, police and fare protection, drainage, refuse disposal, neater and sen,,er systems, parks and schools; and mill not, in particular, create traffic congestion or interference mith traffic on adjacent and neighboring public thoroughfares. The use will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. Staff does not see a need to impose specific conditions to satisfy this standard. 5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that mill be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. There are three homes approximately 300-feet from the subject area. The idling of vehicles and equipment could produce detrimental fumes and noise to neighboring properties. Staff recommends no company vehicles/equipment may idle on site for more than 15 minutes. With the proposed conditions, the use should not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust, or vibrations. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. While trees will be removed to create the desired fenced -in storage area, the use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 7. mill fully covpyn.,itb all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The business will need to meet all commercial building codes for the occupancy (use) classification of the business. This may be office use, or something more intense, but those standards must be reviewed with the Building Official for compliance with all commercial building codes. With the proposed condition to work with the Building Official regarding building code compliance, this condition has been satisfied. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Financial Impact None Mission/Policy/Goal ■ Responsibly grow ■ Work with citizens to achieve goals ■ Help, not hinder citizen quality of life Attachments 0 Location Map ■ Applicant's Narrative ■ Applicant's Site Plan ■ Aerial Photos ■ Site Plan dated November 15, 2021 TTD Home Based Business Twin Town Demolition would like to move our business to our home fulltime. We'd like to use a combination of our Home and our pole building to facilitate the operations of our business. TTD is a small interior demolition contractor preforming interior demolition for renovation. Our typical hours of operation are lam -4pm. We have a total of around 12 employees, but it always fluctuates in our industry. Most of our employees are field employee's and the employees that would report to our home is 2 one project coordinator and one field coordinator. We have a very large driveway, and we propose to use the existing driveway and to expand a large portion next to our pole building (see marked up site plan). We would also provide any necessary screening utilizing the setback requirements to screen the additional parking/laydown area. We would like to have one small sign in compliance with the city of Elk River, but this is not a requirement. We would like the sign to be in the front yard (see marked up site plan). We would like to maintain some outside storage. The entire contents would potentially be 2 enclosed trailers, one flatbed trailer and one trailer mounted generator. The storage of the trailers would primarily be in the driveway in front of the pole building but if the city accept our proposal we would utilize the lay down created in next to the pole building. 9 x �3 o.Z r N �"1 t -- M M _ rl Ir or z ~t • �'' ���s�13i3 r� s •.4•* ,t v � ' �r VI � N l� � � a i i �� .. ' �. '_ �. s� AMA F w Ll AA 49P. a T 0 0 0 2 0'- 0' Hello, good afternoon to all. I am writing this letter regarding the commercial business being ran out of residence in a residential area. I too purchased my forever home in Elk River in a quiet well -kept neighborhood. Unfortunately, this Summer has been a disaster from the new housing development and the full-blown commercial business being ran on my block. The unwanted steady flow of commercial trucks and unwanted foot traffic from this house has just been a nuisance. There is just no nice way of saying it. The constant noise of back up alarms from trucks backing in and out and the rearranging of all the trucks and trailers throughout the day has been terrible. This propertyjust isn't big enough for any of this, even with the tree removal and the new fence. The driveway is also very close to the bus stop and poses and risk for the kids on the block. I already witnessed a large truck pulling out of that driveway and crashing in parked car. It has been an eye sore to look at daily, at times it looks like there is a circus in town. I used to take daily walks on this street with no issues, now I'm worried about all the trucks and foot traffic congregating in the driveway and in the street where employees park their cars. This has also made me uncomfortable with my granddaughters playing outside, is there background checks on his employees? This street has children who bike, play on this road as well. These are valid questions and concerns. I have no personal issues at all with this family whatsoever, they seem like a nice loving family, but the business they have brought to our neighborhood is not fair to the rest of us that have to deal its negative impacts like the ones I have mentioned. A commercial space with adequate parking and storage for his equipment, trucks, trailers would be much more suitable than a family home with inadequate space and causing strife in the neighborhood. Thank you for your time. @ .3ct \ c 0 cn Ct � � g O t C @Q @cn g ct 0 n \ © c c ct / q p in. U � / v ct / 0 •— � 6 ct o \ 0 @ � .. g ct � ct\ Z \ _ ct $ Q / \ / & 2 7 �\ ct o �� c © / ct.\ / \ © \ -C) v ct 0 \ U* 0 ct •kct ct@ 0 © @ 0 6 2 $ ,Z:) © \ C� \ . @ $ tb \ Q @tb © / 0 � \ / 9 / 4. \ CJ E ctQ p 0 0 p ct